North Florida Field Office

Fact Sheet for the De-designation of Two Federal Manatee Protection Areas in Florida

Background

Manatees are Federally
protected under both the Endangered Species Act and Marine Mammal Protection
Act. Currently, vessel-related mortality in manatees probably poses the
greatest human-caused threat to the species. Historically, collisions with
watercraft are responsible for about 25 percent of all manatee deaths.

In January 2000, several
groups and individuals filed a lawsuit against the U.S. Fish and Wildlife
Service and the U.S. Army Corps of Engineers alleging violations of the
Endangered Species Act, Marine Mammal Protection Act, National Environmental
Policy Act, and Administrative Procedure Act. Four groups representing
development and boating interests intervened. A settlement agreement was
approved by the court in January 2001. In October 2001, the plaintiffs filed
a Notice of Controversy with the Department of Justice challenging certain
actions taken by the Service, and alleging these actions violated the
settlement agreement.

In July 2002, the U.S.
District Court for the District of Columbia determined that the Service
violated the settlement agreement by failing to designate a sufficient
number of refuges and sanctuaries throughout peninsular Florida. In August
2002, the Court issued an order requiring the Service to publish a final
rule for new manatee refuges and sanctuaries.

Issue

The Service published its
final rule designating 13 manatee protection areas in Florida – including
the Pansy Bayou Manatee Refuge in Sarasota County and the Cocoa Beach
Manatee Refuge in Brevard County – to the Federal Register (67 FR
68450) on Nov. 8, 2002. In designating these areas, the Service
recognized that the State might provide comparable protection in some areas.

The Pansy Bayou Manatee
Refuge and Cocoa Beach Manatee Refuge are two such areas. State and
Federal manatee-protection regulations both called for slow, year-round
vessel speed. As such the Service proposed to
withdraw its refuge designation and to defer to the State’s regulations
governing waterborne activities currently in effect in both of these areas (F.A.C.
68C-22.026 and 22.006, respectively) in October 2003. Public comments on the
proposal were sought for a 30-day period.

Status

After reviewing State
regulations and protection measures for these areas, and considering the
information received during the comment period, the Service determined that
withdrawal of the Federal designations of the Pansy Bayou and Cocoa Beach
Manatee Refuges is warranted. The Service believes that the State
will provide comparable manatee protection at Pansy Bayou Manatee Refuge and
Cocoa Beach Manatee Refuge, and that the State’s variance and exemption
regulations will not decrease manatee protection there.

The Service’s withdrawal of Federal designations is
consistent with its previously published position that it will support State
and local conservation measures when such measures provide a comparable
level of manatee protection.

Questions?

The final decision and
associated information materials are available at the Service’s Web site:
http://www.fws.gov/northflorida.
Paper copies may be requested by e-mail at manatee@fws.gov, by fax at
904-232-2404, or by writing to U. S. Fish and Wildlife Service, Attn: MPA
Withdrawal Rule, 6620 Southpoint Dr. S, Suite 310, Jacksonville, FL 32216.
Please include your name and street mailing address.

If you have specific questions or need special assistance, please contact the Jacksonville Field
Office at 904-232-2580, ext. 109.